Since the time when “popular sovereignty” was a party shibboleth in the free or slave-State controversy, so many matters are frequently, if not habitually, submitted to a vote that such course no longer excites comment. The charter of Greater New York was adopted upon a referendum, which method has become the rule rather than the exception in giving charters effect. Within the charters themselves, the Initiative and Referendum appears with increasing frequency. Many of the earlier acts referring matters to the people were assailed as unconstitutional on the ground of delegating legislative power to the people. The diverse decisions on the subject cannot be reconciled. Beginning with Delaware in 1847 and continuing to as late date as 1902 (in Ohio), various courts have pronounced such laws invalid. On the other hand, the Supreme Court of Louisiana decided flatly in 1853 and again in 1854 that conditional legislation, to take effect upon popular approval, is not unconstitutional. Then began some subtle and attenuated “distinguishing” among decisions. Many courts came round to the position that “while the Legislature cannot delegate its power to enact laws, it may provide that whether or not a law enacted shall be operative, may be made to depend upon the popular will.” An interesting fact is that the courts in the Southern States invariably upheld reference to the people, and that adverse decisions are very numerous in the North. A peculiar referendum was attempted in Massachusetts, but was declared unconstitutional. The act provided for submitting the question of extending municipal suffrage to women, but by a special section allowed the women to vote on the proposition of their own enfranchisement. Where there are constitutional clauses requiring some matters to be referred to the people, the rule of _expressio unius est exclusio alterius_ has been invoked in opposing the submission of other laws to the people, but in vain. The failure of the proper officers to provide for taking a vote at the first election after the passage of a referendum law, cannot defeat the will of the people, or deprive them of the option of acceptance or rejection. Until accepted by popular vote, the law takes effect only for the purpose of submission, and at a later election mandamus will lie to require the officials to hold the election properly. In 1900 a movement began in Australia to make it obligatory to refer the matter to the people in case of a deadlock between the two houses on any bill or resolution.